POSTING OF MEETINGS IN COMPLIANCE WITH OPEN MEETINGS LAW: Commissioner Morgan moved that
the Larimer County Planning Commission designate the Oak Street entrance to the Larimer County
Courthouse as the public posting place for notices of all official actions and
public meetings in accordance with the requirements of the Colorado Open
Meetings law (CRS 24-6-402). Commissioner Huddleston seconded the Motion.
This received unanimous voice approval.

COMMENTS
BY THE PUBLIC REGARDING THE COUNTYLAND USE CODE:None

COMMENTS
BY THE PUBLIC REGARDING OTHER RELEVANT LAND USE MATTERS NOT ON THE AGENDA: None

AMENDMENTS TO THE AGENDA: None

CONSENT ITEMS:

ITEM #1 SHOCKLEY
ESTATES CONSERVATION DEVELOPMENT #02-S1976: Mr. Wheeler provided background
information on the request to divide 40 acres into 3 residential lots and one
residual lot. The property was located at the northeast corner of the
intersection of County Road 16 and County Road 9, southeast of Loveland. Mr. Wheeler indicated that the new residential lots would
be 2 acres in size for Lot 1 and 2.69 acres in size for Lots 2 and
3.

Commissioner
Morgan moved that the Planning Commission adopt the following Resolution:

BE IT RESOLVED that the Planning Commission recommends to
the Board of County Commissioners that the Shockley Estates Conservation
Development #02-S1976 for the property described on "Exhibit A" be
approved subject to the following conditions:

A. The Final Plat of the Shockley
Estates Conservation Development shall be consistent with the information
contained in the file, #02-S1976 or as modified by conditions of approval.

B. The following fees shall be collected
at building permit for new single family dwellings: Thompson R2-J school fees
in lieu of dedication, Larimer County fees for County and Regional
Transportation, a Larimer County Park Fee in lieu of dedication and a Drainage
Basin Fee to be calculated by the County Engineer. The fee amount that is current at the
time building permit application shall apply.

C. Basements are not allowed on the new
lots if the lowest floor elevation is not at least 3-feet higher then the
ground water. If basements are proposed, the owners of Lot
2 and Lot 3 must demonstrate by standard
engineering methods that they can meet this requirement, before submission of
any new single-family residential building permit application. To be approved,
basement construction plans must include perimeter drains to be installed with
any sub grade construction. The drains must be designed to daylight or should
discharge to a sump that can be pumped.

D. The applicant shall sign a Final
Development Agreement and Disclosure Notice for approval by the County as a
part of the Final Plat, and to be recorded with the Final Plat. This notice
shall provide notice to all future lot owners of the conditions of approval and
other issues associated with the approval of this project. The notice shall
include, but is not limited to; the issues related to rural development, the
need for engineered footings and foundations, the need for passive radon
mitigation, and the issues raised in the review and or related to compliance
with the Larimer County Land Use Code.

E. Engineered footers and foundations,
and radon testing are required for the new residential lots.

F. Prior to submission of the Final
Plat application, the applicant shall satisfy the requirements for sight
distance and drainage certification, as required by the County Engineering
Department in comments dated 11-3-03. All other issues raised in the report
by the Engineering Department’s comments shall be met at Final Plat.

ITEM #2 CRYSTAL LAKES 16TH CONSERVATION
DEVELOPMENT APPEAL #03-G0056: Lloyd Scheitlin, 2211 Invar Court, asked for clarification on the process for a Conservation Development
and a Subdivision.

Ms.
Knauf provided background information on the request for an appeal from Section
5.3.2.H of the Larimer County Land Use Code to process a land division proposal
as a Subdivision rather than the required Conservation Development. Ms. Knauf
stated that the applicant was proposing to divide 50.3 acres into 9 lots
through the subdivision process. The property was located east of Crystal Lakes 5th Filing and
north of Crystal Lakes 3rd Filing off of Navaho Road.

Commissioner
Wallace believed that any property that adjoined National Forest should be
required to provide a buffer where vegetation management could be efficiently
carried out.

Mr.
Helmick explained the process for a Conservation Development and for a Subdivision.

Commissioner Pond
moved that the Planning Commission adopt the following Resolution:

BE IT RESOLVED that the Planning Commission recommends to
the Board of County Commissioners that the Crystal Lakes 16th
Conservation Development Appeal for the property described on "Exhibit
B" be approved subject to the following conditions:

1.
The plat for the
proposed subdivision shall include no lots smaller than five acres.

2.
Each lot shall be
designed with a building envelope that avoids steep slopes, rock outcrops and
drainage areas.

3.
The preliminary plat
for the proposed subdivision shall include common
area connections with adjacent parcels consistent with the previously approved Crystal
Lakes P.U.D. Master Plan.

ITEM #3 CRYSTALLAKES 16TH SECTION 8.1.5 APPEAL
#03-G0057: Mrs. Knauf
provided background information on the request for an appeal to the Adequate
Public Facilities Section 8.1.5 Road Capacity and Level of Service Standards,
which require improvements to the existing transportation system. The property
was located 8 miles northwest of the Red Feather Lakes Area. Mrs. Knauf
indicated that an analysis of the Traffic Study submitted by the applicant
indicated that Adequate Public Facilities were not available to serve the
proposed development at the present time. In addition to paving, additional
intersection and bridge improvements may also be necessary.

Mrs.
Hayes provided a map that illustrated the roads in the subdivision that would
be required to be paved. She indicated that the developer would be obligated
to pave County
Road 73C from
the point the pavement ends at the intersection with County Road 74E to and through the
intersection of County
Road 73C and Tami Road. In addition, Mrs. Hayes
noted that the developer would also be obligated to pave Tami Road from the intersection of County Road 73C to and through the
intersection of Tami
Road and Ottawa Way.

Commissioner
Nelson asked how many miles of road would need to be paved. Mr. Helmick said
approximately 5 miles.

Discussion
continued between Staff and members of the Commission regarding the current
condition of County
Road 73C and Tami Road.

Commissioner
Boulter asked how much it would cost to pave County Road 73C and Tami Road. Ms. Hayes said approximately $450,000-$500,000 per a
mile.

Don
Weixelman, 100
Marmot Drive,
applicant, explained his reasoning for asking for the appeal. He believed the
nine lots would have a minimum impact to the road and that the impact fees would
be collected at the time a building permit was issued.

Commissioner
terMeer asked Mr. Weixelman if he had been involved with the entire development
of Crystal Lakes. Mr. Weixelman said yes.

Dayton
Hyde, Box 257, Manager of the Crystal Lakes Road and Recreation Association
spoke on behalf of the Crystal Lakes Road and Rec. Board of Directors. He addressed the concerns the board
discussed at the meeting and indicated that their major concern was the
condition of Creedmore
Lakes Road
(County Road 73). They asked that if the subdivision was approved, it would be
responsible for carrying its own load as far as increased snow plow and
increased road maintenance.

Chairman
Korb asked how it would be determined for the proposed subdivision to carry its
own load. Mr. Hyde said miles of additional roadway and by helping to increase
the width of Tami bridge. Chairman Korb also asked Mr. Hyde if the Association
would be responsible for the interior roads of the subdivision. Mr. Hyde said
it would depend on the agreement between the developer and the Association.

Commissioner
Nelson asked why the Adequate Public Facilities was not addressed for all the
other filings in Crystal Lakes. Mrs. Hayes said because all
the other filings were developed under the old regulations which did not
require Adequate Public Facilities.

Erich
Van Stroheim, 418
Park Street, indicated
that he owned a piece of property in Crystal Lakes 6th
Filing and asked what the prospects would be for getting the road improvements
done if the Adequate Public Facilities appeal was denied. Mr. Van Stroheim
concurred with staff's recommendation.

Public
Hearing was closed at this time.

Mr.
Helmick provided a map that illustrated all the lots in Crystal Lakes Subdivision
and noted that all the lots pre-date the Land Use Code requirements and the
requirements for Adequate Public Facilities but are subject to the Transportation
Capital Expansion Fee assessed at building permit time.

Commissioner
Boulter was concerned about building permits being issued in the area when
Adequate Public Facilities were not available. Mr. Helmick responded to
Commissioner Boulter's concern and stated that when the current Land Use Code
was adopted it was acknowledged that errors had been made in the past and a
policy was created not to compound those errors in the future.

DISCUSSION:

Commissioner
Morgan asked if there was an alternative method to improving the condition of
the road rather than having to pave it. Mr. Helmick said no.

Commissioner
terMeer believed that because Mr. Weixelman had been the developer of the
entire Crystal Lakes Subdivision he should be required to provide adequate
public facilities.

ITEM #4
LARIMER COUNTYLANDFILL EXPANSION LOCATION AND EXTENT REVIEW
#03-Z1492: Mrs.
Ponce-Pore provided background information on the request to vertically expand
the Larimer County Landfill. The landfill was located approximately ½ mile
north of the intersection of South
Taft Hill Road and Trilby Road. Mrs. Ponce-Pore indicated that the
landfill was first opened in 1963 and included an area of 180 acres on a
651-acre site. The proposed expansion would expand the existing landfill a
maximum of 36.5 feet vertically above the currently approved design and would provide
the landfill with an additional life span of about 15-20 years from
approximately 2010.

Steve Harem, County
Natural Resource Department, provided illustrations that showed where the solid
waste was currently being buried at the site. Mr. Harem spoke about the
landfill and indicated that they were currently filling the site in 6 phases.
He explained each of the phases and said that Phase 1 had been completed and
capped as well as Phase 3 which had been completed and was in the process of
being capped. Mr. Harem explained that their proposal request was for the
vertical expansion in Phases 2, 4, 5, & 6 which were located in the north
half portion of the Section. Mr. Harem continued to speak about the proposal
and provided a topographic map that illustrated the design expansion. He noted
that the highest point of the expansion would be 37 feet higher than the
current highest point of the completed area in the landfill which was Phase 3.

Stephen
Gillette, Director of the County's Natural Resources Department, spoke about
the methods they used at the landfill to make it last longer and indicated that
each day they were required to place a 6 inch cap over the active fill area.
Mr. Gillette also spoke about recycling capabilities in the Urban Growth areas
in Loveland and Fort Collins.

Commissioner
Boulter asked if some of the trash was being taken to the Waste Management
facility on the east side of town. Mr. Gillette said that some of the trash
was going to waste management at North Weld and a good portion of it was being
taken to the two landfills in Erie.

Chairman Korb
asked if alternative sites had been considered. Mr. Gillette indicated that
they were currently not actively seeking alternative sites, but he was still
searching for a 640 acre site with no houses within a mile. Chairman Korb
asked if funding had been set aside for a replacement site. Mr. Gillette said there
was approximately 4 million in the replacement fund.

Commissioner
Wallace asked if the present site was considered a good site. Mr. Gillette
said yes and the geological structure under the landfill was considered better
than some manufactured lined landfills.

Commissioner
Pond asked if the borrow area north of the buildings was still active. Mr. Harem
said that the area had good clay material which was being used for capping.

Commissioner
Nelson asked what the southern portion of the property was being used for. Mr.
Harem indicated that it was being used as a borrow area.

PUBLIC TESTIMONY:

Lee
Evans, 5065
Westridge Drive,
asked what had been done to find an alternative site for the landfill.

Bruce
Philbrick, City of Loveland
Solid Waste Division, urged approval of the expansion and indicated that it was needed to
maintain affordable disposal locally. He also urged the County to continue to
explore the different options for waste diversion at the landfill such as
programs to separate out yard waste, building materials and other recyclable
materials as well as creating financial incentives for commercial and
residential haulers.

Scott
Elledge, 5115
Westridge Drive,
asked if there were any plans to increase the diversity of the recycle bins to
include for other materials.

Public
Hearing was closed at this time.

Mr.
Gillette provided information on the recycling programs. He indicated that the
biggest challenge was finding a way to make recycling pay for itself.

Mr.
Harem spoke about the life of the landfill. He said they were asking for
approval to build up to a certain design which would give them a certain amount
of air space to fill up. The amount of time it would take to fill up the air
space was only an estimate.

DISCUSSION:

Commissioner
Morgan moved that the Planning Commission adopt the following Resolution:

BE IT RESOLVED that the Planning Commission approves the Larimer
County Landfill Expansion Location and Extent #03-Z1492.

Commissioner Huddleston
seconded the Motion.

Commissioner
terMeer urged the Natural Resource Department to continue to explore different
options for recycling.

ITEM #5 LARIMERCOUNTY LANDFILL EXPANSION REZONING #03-Z1494: Mrs. Ponce-Pore provided background
information on the request to rezone 104 acres of a 325-acre parcel from
FA-1-Farming to I-Industrial. She indicated that in 1985 the northern portion
of the parcel was rezoned from I-Industrial to FA-1 in order to accommodate a
shooting range, which required the FA-1 zoning.

Commissioner
Nelson asked if the portion that was being proposed to be rezoned was currently
covered with trash. Mr. Harem said yes.

Chairman Korb
asked for clarification on the distance from the perimeter of the actual
landfill to the boundary of property to the north. Mr. Harem said there were
certain areas in the landfill where they were only 50' from the property line.

PUBLIC TESTIMONY:

Lee
Evans, 5065
Westridge Drive,
asked if penalties had been paid for trash being disposed of in the area that
was being proposed to be rezoned. Mr. Evans was also upset that the County had
permitted the landfill to vertically expand in the year 2001 without input from
the public. He spoke in opposition to the rezoning.

Sandra
Shelling, spoke in opposition to the landfill expansion. She indicated that
before she bought her property in 1990 she was promised that the landfill would
be gone within 5-7 years. Ms. Shelling spoke in frustration about the promises
that had been made by the Natural Resources Department that the landfill would
not continue to operate at the current site. She questioned why the fees had
not been increased so another site could be purchased.

Nina
Elledge, 5115 Westridge Drive, asked what the southern borrow area was intended
to be used for and why the vertical expansion of 37' was needed if the portion
that was being proposed for rezoning was also going to be used as a fill
area.

Public
Hearing was closed at this time.

Mr.
Harem, indicated the southern borrow area was purchased by the County for the landfill,
but after the area had been studied they had decided that there was not enough
usable space for landfill. He also stated the rezoning for phase 6 was needed
to place trash in order to build up a uniform slope.

Mrs.
Ponce-Pore explained the sequence of events for the previous rezoning
applications that occurred for the landfill.

DISCUSSION:

Commissioner
Huddleston asked if the activity and the operation in Phase 6 would be required
to cease if the rezoning request was denied. Mr. Helmick said the decision
would be based on the outcome of the Certificate of Designation.

Commissioner
Nelson moved that the Planning Commission adopt the following Resolution:

BE IT RESOLVED that the Planning Commission recommends to
the Board of County Commissioners that the Larimer County Landfill Expansion
Rezoning #03-Z1494 for the property described on "Exhibit D" be
approved.

Commissioner Boulter
seconded the Motion.

Chairman Korb
offered a caveat to the Motion and suggested the issues that were brought up by
Mr. Evans regarding the rezoning history for the landfill be discussed at the
Board of County Commissioners' Hearing. He encouraged Mr. Evans to attend the
Board of County Commissioners' Hearing.